Cartoon of the day

October 15th, 2025

Copyright Vobach 2025

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Cartoon of the day

October 12th, 2025

. Copyright Vobach 2025

Cartoon of the day

October 10th, 2025

Copyright Vobach 2025

Cartoon of the day

October 6th, 2025

Copyright Vobach 2025.

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Cartoon of the day

September 29th, 2025
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En Banc Oral Argument: V.O.S. Selections, Inc. v. Trump

July 31st, 2025

The Federal Circuit sat en banc today to hear the tariff case V.O.S. Selections, Inc. v. Trump.

Prosecution Laches

July 10th, 2025

A Federal Circuit panel heard oral argument today in the case of Google v. Sonos. You can listen to the oral argument here:

Joshua Rosenkranz, arguing for the patent owner, opened his argument with the statement:

“Your honors, the district court took a doctrine that this court has cautioned must be sparingly applied and stretched it to endanger standard continuation practice. If this court sustains this approach, it will fundamentally alter the norms of both patent prosecution and patent litigation.”

The Fed Circuit blog has copies of briefs for this appeal: [Link].


Update 10/8/25:

Google cannot be prejudiced by incorporating into its products a feature that was publicly disclosed in a patent application prior to its investment. Cf. Liebel-Flarsheim Co. v. Medrad, Inc., 358 F.3d 898, 909 (Fed. Cir. 2004) (“[I]t is not improper for an applicant to broaden his claims during prosecution in order to encompass a competitor’s products, as long as the disclosure supports the broadened claims.”); Eli Lilly & Co. v. Hospira, Inc., 933 F.3d 1320, 1334 (Fed. Cir. 2019) (explaining that, although subject matter disclosed but not claimed is generally dedicated to the public, there is an exception for subject matter “claimed in a continuation or other application”).

Google LLC v. Sonos, Inc., 2024-1097 (Fed. Cir. Aug. 28, 2025)(slip op. at 16-17).

AI and the Federal Circuit

June 16th, 2025

I was experimenting with some AI-generated song software this evening. Would Federal Circuit bio pages be more interesting if they had links to AI-generated songs? For example, Judge Newman. What about judicial decisions, e.g., Chakrabarty?

Publication of NIH funded research soon to be more readily available

June 11th, 2025

It can be frustrating to run into a paywall when you are trying to access an article in a scientific journal. I was pleased to hear that at least for NIH funded research, publications of that research will soon be available for free. In this interview with the head of the NIH, this new policy was explained:

The new policy applies to manuscripts accepted for publication on or after July 1, 2025.

What are the odds?

May 29th, 2025

Yesterday, the Court of International Trade blocked the White House from using the emergency powers act to impose tariffs on foreign countries. The decision has already been appealed. Appeals from the Court of International Trade go to the US Court of Appeals for the Federal Circuit.

This begs a few questions:

  1. Will the CAFC take this case en banc sua sponte? Will any judges recuse themselves?
  2. While rarely used, will the CAFC expand the panel to five judges from the normal three?
  3. Will the CAFC stick to its unique procedure of announcing the panel shortly before oral argument?
  4. How dynamically will the stock market respond during the oral argument?
  5. How many patents will be deemed non-infringed or subject matter ineligible in the decision?
  6. . . . . . will the Federal Circuit issue a Rule 36 decision?

Benjamin Franklin, lexicographer

May 23rd, 2025

I am reading the biography of Benjamin Franklin by Walter Isaacson. Benjamin Franklin is known for many impressive discoveries and inventions — for none of which he ever pursued a patent. Interestingly, in his correspondence with the philosopher David Hume in 1759, Franklin lamented that Hume discouraged the coining of new words.

Isaacson writes:

Franklin and Hume also shared an interest in language. When Hume berated him for coining new words, Franklin agreed to quit using the terms “colonize” and “unshakeable.” But he lamented that “I cannot but wish the usage of our tongue permitted making new words when we want them.” For example, Franklin argued, the word “inaccessible” was not nearly as good as coining a new word such as “uncomeatable.” Hume’s response to this suggestion is unknown, but it did nothing to diminish his ardent admiration for his new friend.

Benjamin Franklin — An American Life, by Walter Isaacson at page 197.

Franklin probably would have approved of the fact that a future US Patent system would actually permit one to be their own neologist. (Some might say “lexicographer” — but, I think neologist is a more apt word.) And, he might be interested in the new words coined by future US Presidents, e.g., Thomas Jefferson: “authentication,” Abraham Lincoln: “relocate,” Donald Trump: “bigly.”

Next Chief Judges of the Federal Circuit

May 2nd, 2025

Assuming Chief Judge Moore serves out the remaining three years of her seven year term as Chief Judge of the Federal Circuit, can you answer who will be the next Chief Judge of the Federal Circuit?

[More below the break]

Quote of the day

February 2nd, 2025

I ran across this quote this evening and thought it might have a place in somebody’s brief to the Supreme Court about the Federal Circuit’s Rule 36 problem:

When you want to hurry something, that means you no longer care about it and want to get on to other things.

Robert M. Pirsig (2009). “Zen and the Art of Motorcycle Maintenance: An Inquiry Into Values”, p.34, Harper Collins.

Benjamin Graham’s patents

January 7th, 2025

Benjamin Graham was a famous investor and polymath as well as author of the book “The Intelligent Investor.” That book was recently updated with commentary by Jason Zweig. Warren Buffet, who studied under Graham, writes of the book: “I read the first edition of this book early in 1950, when I was nineteen. I thought then that it was by far the best book about investing ever written. I still think it is.”

Graham was also an inventor. He received two US patents: 3122314 and 2892586.

Happy Holidays!

January 1st, 2025